A bench of justices B S Chauhan and F M Ibrahim Kalifulla dismissed the Gujarat government's plea that the appointment was illegal as it was done without consulting it.
The bench said that the Governor is bound to act under the advice of the Council of Ministers, but the appointment of Justice Mehta is right as it was done in consultation with the Chief Justice of the Gujarat High Court.
The apex court said that Justice Mehta can go ahead with his work as Lokayukta.
The Governor had on August 25, 2011 appointed Justice Mehta to the post of Lokayukta, which had been lying vacant for the last eight years.
The Gujarat government had moved the apex court against the January 18, 2012 order of the Gujarat High Court upholding the Governor's decision.
The High Court's verdict had been delivered by Justice V M Sahai after a division bench gave a split decision on the legitimacy of the Governor's action in appointing Justice Mehta, a retired judge of the Gujarat High Court, as Lokayukta.
The division bench of the High Court had given the split verdict on the appointment issue on October 11, 2011.
While Justice Akil Kureshi had upheld the decision of the Governor, Justice Sonia Gokani had quashed the warrant of appointment terming it to be unconstitutional.
Challenging the High Court's order in the Supreme Court, the state government had contended that the personal discretion exercised by the Governor in unilaterally issuing the warrant of appointment of Lokayukta was "unwarranted".
Whay do you expect of a constitution which was approved by the congress which later on went to demolish all the institutions of democracy? The judiciary is not open to scrutiny makes it convenient for anything to happen. Mostly injustice . Otherwise why should even framing laws against atrocities against women take such a longtime?
Supreme court judgement on gujrat lokpal is against basic structures of our constitution. Governors are tools of home ministry and highly political persons who has loyalty in their political party not in constitution. No political person should be appointed as governor or there should be election for this post in the way as for president of India. If this idea is not acceptable then appointments of governors should be done by the way of voting in parliament and names should be approved by 2/3 majority. Then we will have the governors as per expectations of our constitution makers.
So, we have nothing about the Lokpals demanded by Kejriwal or Annya as central govt. may fall to them but when Modi comes, we have a strong lokpal for Gujarat. One more effort to dock Modi ?
Muslims as a community in Hindu-majority India(and Sikhs as well) is most communal minded, irrespective of the place their members hold in the country - no matter whether he be Khushwant Singh or Dr. Mahip Singh (in case of Sikhs). A muslim judge of the Supreme Court, in the case in which Kalyan Singh was senteced to prison for the demolition of Babri masjid, ordered the rebuilding of the masjid withouit rhyme or reason. Another muslim judge in Ayodhya case held that the masjid was built with the debris of a temple but no temple existed at that spot before the masjid was constructed. F..k you for this, also the Indian Express for playing down this judgement. The muslims in the two courts presently involved in Gujarat Lokayukt case are bathed in the same communal colour.
The supreme court judgement is erroneous and surely a flawed one. It undermines the constitution and it is surprising how the supremecourt overlook failed to appreciate the Governors are the tools or pawns in the hands of ruling party at the centre. Congress party is the champion in abusing the office of governor and dismiss several elected govt. in the past. Even the supreme court failed its duty to protect the majesty of law during emergency when its power of judicial review was curtailed. The unfortunate truth is that the only organ in our country is not open to public scrutiny is judiciary alone. The media must take cue and make judiciary is also accountable to strengthen democracy.
BJP is under shock now. BJP's malicious intention of delaying the official appointment of Lokayukta in Gujarat has completely failed with Supreme Court Judgement. It is a shame that Modi government did not appoint Lokayukta for the last nine years and when appointed by the governor in 2011 government delayed it by callenging in various courts.
Well BJP will not support the following: 1. Womens rights 2. Punishments for rape victims 3. Support Anna Hazare to clean up the system. 4. Police reforms 5. Judicial reforms For BJP it is still India Shinning. As long India shines the traders pockets will shine.
Let the Hon'ble Lo9kpal deal with all the frauds committed by Modi and his sycopants bring to light so that this foul-mouthed gangster is put behind bars. He is unfit to be even a municipal counsillor and does not know to how to talk. He can only abuse. Pity the people of Gujarat.
The title of the article in itself clearly indicates the motive of the appointment of Lokayukta in Gujarat. It just needs to be seen how balanced the Lokayukta functions given the way his name was chosen after consulting with the opposition and not the ruling government...One sincerely hopes that it does create hurdles to the implementation of the government mandate to the brothers and sisters of Gujarat...
Right from the beginning,their is an attempt even through Congress-pet Kamla Beniwal that any one coming in the way of dreamed coronation of Prince Raul has to meet with hurdles.But Mr Mehta while possibly tying to help Congress-cause will not affect Gujarat public's mind.Public has approved Guj Govt development plan.And that is basically important.Do MMS/Sonia UPA respect verdicts from Lokayukts?First they should be taught in case of Delhi C.M.
Sir, Please read Gujarat Lokayukta Act, Section. 3 for more details on the appointment. Three entities - the governor, leader of the opposition and the chief justice of the High Court will finalize the name and send it to the council of ministers. The government has no say in the appointment except to accept the name sent by the committee.
It's quite visible, first it was Aftab Alam , now other Muslim Judges who seems tilted against Modi Government in this controversial issue. Its time to think about Muslim Judges now.Gujarat Government must re petition to a different Bench now. Congress and Teesta Seetalvad is making a huge noise on it. What about Delhi Lokayukt verdict on Sheila Dikshit?
you are dregs who need to be washed down the Ganges...filth like you question people of jurisprudence on basis of religion. What makes you think Justice Sahai is Muslim too...you're a dirt bag & aptly named Tapori
It's you who is actually making your own bias apparently clear!
It looks like Mr. Jhapat had lost it!!! He can't paint his perception about SC as "general" perception. And isn't it arrogant to suggest that recent election victory of Modi can justify all of his overt & covert decisions!!! Future PM or not... he should first concentrate on the present job & try to reach to every person of Gujrat rather barking at wrong tree?? By the way.. why he is afraid of having a lokayukta at Gujrat!!!!
It is a slap on the face of Gujarat Chief Minister. This is the level of good governance. Oh! I forgot; what ever he says is a law decree fatwa and a judgement so why another Lokayukt is required?
DEKHO DEKHO KAUN AAYA ? GUJARAT KA SHER AAYA.
Keeping in view the entire circumstances of the appointment of the the Lokayukta by the Gujarat governor, the SC Judgement on the issue appears to be just. Notwithstanding Modi's electoral successes, he has still much to answer for the omissions and commissions as a chief minister for the communal riots that took place during the rule of his government.
It is disappointing that several judgement of recent times do not match with the general perception of the public. e.g. the exoneration of Chidambaram in 2G case, or the summary dismissal of a case between Sangma and Pranab etc . In earlier times it was a very satisfying feeling of the mass that SC used to take a decision which does not defy the common sense . In the present case of Lokayukta, how can the Governor interfere , at the motivated intention of UPA, to appoint a Lokayukta without consulting the present Govt.? In any case the election is over with a thumping victory for Modi who knows how to tackle the adverse situation and progress his journey to PM. He did it even against the backdrop of utterly hostile UPA, 150 NGOs and activists propagating falsehood against him. So it is not a set back for him at all. One retired SC judge Kapadia unnecessarily entered into a controversy of baseless criticism of Modi and of Mamta . It appeared as if some Congress leader was commenting. Therefore, it is time for all to recognize that none is perfect.
dear friend, decision of the court is not to reflect the perception of public, it has to be constitutionally correct. i think you have some wrong information. the honorable Supreme Court India..is our last hope against all those who spread hatred.....
In which article, it is written Governer can consult chief justice of high court to appoint lokyukta.There is nothing as such.Then appoint a lokpal in center in consultaion with president. article 143 talks about consultaion with supreme court by president, that is in general.Only for appointment of judges there is consultaion and SC had it made it clear that it is mandatory.This is one of very bad step in the direction of destruction of federalism, hence democracy and rise of regionalism and hence disintegration.Governig state is not a simple thing, now he will highlight minor issues for political gain.As an oriya i won't tolerate center will appoint its own governer for highlighting simple issues for political gain. CM will waste more resources there than some productive work.
There in NO TAX for dreaming. This is called "Mungeri Ram ke Haseen Sapne"
I am sure this will pave way for bringing all the frauds and misdeeds done by Modi and his gang soon and people will realise his true colours. What not the SC appoint Lokayukta for all States - including Congress-ruled states - so that truth about everybody's functioning comes to light.
This was bound to occur.It is natural under U.P.A. rule.All attempts by U.P.A. for getting Rahul as Indian hero and dubbing challengers to the Congress-prince will be in place.
Do you mean that SC judges are in pockets of UPA leaders? Do not insult India's independent judiciary.
In Gujarat we used Gappodi word forthe person who talk base less.People of india will come to know in very short time. Jai Hind
B.S.Yeddiruppa....Next N. Modi.... The list will continue to fall. Before the scams were unearthed by Lokayukta in Bangalore, Yeddi too opposed the appointment of the Lokayukta chair by the Governor.
Why not tell the name of the judges?